---
kind: "section"
citation: "42 C.F.R. § 457.440"
title: "42"
number: "457.440"
heading: "Existing comprehensive State-based coverage."
url: "https://uscodex.org/cfr/42/457.440"
---

# §457.440. Existing comprehensive State-based coverage.

- (a) **General requirements.** Existing comprehensive State-based health benefits is coverage that—
  - (1) Includes coverage of a range of benefits;
  - (2) Is administered or overseen by the State and receives funds from the State;
  - (3) Is offered in the State of New York, Florida or Pennsylvania; and
  - (4) **Was offered as of August 5, 1997.**
- (b) **Modifications.** A State may modify an existing comprehensive State-based coverage program described in [paragraph (a)](#a) of this section if—
  - (1) The program continues to include a range of benefits;
  - (2) The State submits an actuarial report demonstrating that the modification does not reduce the actuarial value of the coverage under the program below the lower of either—
    - (i) The actuarial value of the coverage under the program as of August 5, 1997; or
    - (ii) The actuarial value of a benchmark benefit package as described in [§ 457.430](/cfr/42/457.430.md) evaluated at the time the modification is requested.

## Notes

### Source

Source: 66 FR 2678, Jan. 11, 2001, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 65 FR 33622, May 24, 2000, unless otherwise noted.